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Anjuru Chandra Sekhar (Advocate )     21 October 2011

Advise needed on ni act

One of my friends, say X, had been working for a nationalized bank and he had a colleague in that bank, say Y, with whom he maintained good relationship.  When the terms of relationship were nice, X gave some cheques to Y to hand over to one chit funds company without putting amount.  Only his signature was appearing on cheques.  Later there were some misunderstanding and dispute between X and Y and subsequently Y demanded Rs.2.00 lacs from X which X refused saying, in the matter that Y was referring to he is not liable.  Y presented the signed cheque along with details in bank and payment was stopped by X.  He filed case under NI Act and trial court had passed judgment in favor of Y, later when appeal is made to Sessions court, the judgment was in favor of X.


Now the position is such that there are many other cheques left with Y which he can simply fill up and present in Bank to again and again file cases under N.I. Act.


What is the best course of action for X in this scenario?


 9 Replies

M.Sheik Mohammed Ali (advocate)     21 October 2011

why not mentioned at the time of case going on. its dificult 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 October 2011

Dear Chander Shekhar

at the time of first case it should be clear in trial or in appeal about all the cheques.

Dharmesh Manjeshwar (Advocate/Lawyer)     21 October 2011

well it surely is a blunder if  this fact has not been stated before the concerned trial court during the trial ......

Now give a complaint in writing to the concerned police stattion that u had given such cheques to Y ( mention cheque nos ... of which bank ... dated/undated ... filled/unfilled .... etc ) state that out of which some were misused by filing false case .... ur acquittal in the said case  ..... and now u apprehend that the others would also be misued by Y ...


agree with mr dharmesh

sridhar pasumarthy (ADVOCATE)     21 October 2011

Dear Chandra Sekhar,

Give a complaint in writing to the S.H.O. of the concerned police station and get the cheques seized with the help of the police.

sridhar pasumarthy (ADVOCATE)     21 October 2011

Dear Chandrasekhar,

Give a complaint to S.H.O. of concerned police station and get the cheques seized with the help of the police.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     22 October 2011


Dear Chander Shekhar


Issue notice to Y , for  no liability, and do not pesent it, I hereby demand u to return all my cheques.  In case u present the same, it is without my consent.


The Defence is sufficient to prove, chq not issued/ r missing/ , and in case he present the same against ur inst, u r not liable. 




ALSO ISSUE STOP PAYMENT  NOTICE TO BANK WITH REASONS: CHQ LOST/ MISSING ., as he works in same premises & theBank can also initiate action against him for theft/ , Think it over , can be v good defence + attract  legal criminal  action against him . . 

Anjuru Chandra Sekhar (Advocate )     22 October 2011

Dear Shroff,


Good suggestion sir.  We will follow.



Anjuru Chandra Sekhar (Advocate )     22 October 2011

Dear friends,


Actually it is mentioned in the trial state that cheques are there with him.  But because of inexperience the young and inexperienced lawyer made a false argument that they were obtained by force by detaining the drawer in a lodge using a politician.  But he could not substantiate that argument by producing evidences so during trial court stage case is lost.  In the sessions court stage I went on strong technical grounds  and somehow managed to get favorable order.  However which cheques are lost and which cheques are obtained forcibly is not mentioned anywhere.  So the line suggested by Mr. Shroff appears to be appropriate at this stage.  If you have better suggestions kindly advise.


Thanks for your responses,



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